Having reviewed the relevant case law, and with great respect for all those who hold a contrary view, I am not at all satisfied that the Supreme Court of Canada has directly, or by necessary implication, overruled R. v. Rilling, supra. The opponents of Rilling rely on the Supreme Court of Canada decisions in Bernshaw and Woods, but, with respect, what those decisions offer on the issue of Rilling is, at best, akin to the vague outline of an island seen through fog at twilight. There are possible hints which come and go like the Cheshire cat in Lewis Carroll's Alice's Adventures in Wonderland, but there is no definitive statement in spite of opportunities to make one.
R. v. Yaran |
2009 CarswellAlta 180 |
Alberta Provincial Court